Chambersburg Borough Council changes proposed BYOB regulations

CHAMBERSBURG - Chambersburg Borough Council has authorized the advertisement of a third draft of the bring-your-own-bottle regulations with some changes.

Under the new proposed regulations, there will be no licensing fee and no insurance minimum, but establishments but show proof of insurance. Also, hours of operation would be limited to 11 a.m. to 11 p.m.

BYOB regulations were first presented by Chambersburg Police Chief David Arnold and Mayor Pete Lagiovane on June 25. The need to establish regulations came about after last summer's "speakeasy" incident at Traci's House of Coffee, 68 Lincoln Way West.

"It's in response with some issues we have with a growing number of BYOB clubs," Lagiovane said. "We have no ability to close them like we would a normal bar with a liquor license. The key is to give the police department a tool to deal with BYOB."

State law defines a BYOB operation as "Any business facility, such as a dance hall, club, restaurant, meeting room or association, not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age or older may, after payment of any entry fee, cover charge, or membership fee, or associated with the purchase of non-alcoholic beverages or food, consume alcoholic beverages which said patrons have carried onto the premises also commonly referred to as a 'bring your own bottle' operation."

Council members debated whether there was a need for a fee, an insurance minimum, alcohol service training and limits on hours of operation.

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"I have no problem with zero fees as long as they have a food license," said council President William McLaughlin. "If you're in business you need insurance, though. All we need is proof of insurance."

In previous drafts, borough staff has recommended options that have said no BYOB activity from 11 p.m. to 11 a.m. as well as no activity from 2 to 11 a.m.

"The chief and I felt that once you get beyond midnight, you're going to run into problems," Lagiovane said.

The first draft included such regulations as requiring establishments to pay an administrative permit fee of $350 with an annual renewal fee of $175, requiring them to carry a broad form general liability insurance overage of at least $1 million single limit per occurrence and requiring that no alcohol be consumed on the premises between 2 and 11 a.m.

A second July 20 draft changed the time constraints to "no alcohol served from 11 p.m. to 11 a.m." and lifted any zoning conflicts. The proposed ordinance was presented to council on Aug. 27.

Arnold and Lagiovane proposed regulations that were based on a similar ordinance in York, which distinguishes between BYOB restaurants and BYOB clubs.

Among the requirements, clubs must obtain and carry a bond for general liability coverage of $1 million. All facilities must comply with all applicable city health, building and fire codes, must obtain a valid business license and food license, as well as an amusement permit, if applicable, and obtain an operator license relating to mechanical amusement, if applicable.

An administrative fee of $100 would be charged for a BYOB restaurant permit with $50 renewal fees. A BYOB club permit would have a $1,000 fee with $50 renewal fees, according to the York ordinance.